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`Paper No. __
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`PETITIONERS’ REQUEST FOR REFUND
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SONY CORPORATION, SONY MOBILE COMMUNICATIONS (USA) INC.,
`SONY MOBILE COMMUNICATIONS AB & SONY MOBILE
`COMMUNICATIONS INC.,
`Petitioners,
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`v.
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`CREATIVE TECHNOLOGY LIMITED,
`Patent Owner.
`_____________
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`Case No. IPR2017-00595
`Patent No. 6,928,433
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`Pursuant to the Patent and Trademark Office’s Final Rule Setting and
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`Adjusting Patent Fees, 78 Fed. Reg. 4211, 4233-34 (Jan. 18, 2013), Petitioners
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`hereby request refund of the Inter Partes Review Post Institution Fee in the amount
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`of $14,400.00 to be paid to Petitioners’ credit card.
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`On January 6, 2017, Petitioners filed a Petition for Inter Partes Review of
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`claims 2, 3, 5, 7, 17-28 of U.S. Patent No. 6,928,433 with the Patent Trial and
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`Appeal Board that was assigned case number IPR2017-00595. In accordance with
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`the fee schedule specified in 37 C.F.R. § 42.15(a), Petitioners submitted payment
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`in the amount of $9,000.00 with the Board at the time of filing of its Petition to
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`cover fees associated with Petitioner’s Inter Partes Review request, and a further
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`$14,400.00 in Post-Institution fees.
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`On May 26, 2017, the Board entered a Decision denying institution of the
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`Petition for Inter Partes Review (Paper No. 12). Accordingly, Petitioners’ request
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`a refund of $14,400.00 for the post-institution fees that they have paid to the
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`USPTO in connection with the instant proceeding. See 78 Fed. Reg. 4211, 4233-34
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`(“The Office also chooses to return fees for post institution services should a
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`review not be instituted . . . .The USPTO also sets the inter partes review post-
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`institution fee at $14,000 for a review of up to 15 claims. This fee would be
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`returned to the petitioner if the Office does not institute a review. Likewise, the
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`Office sets a per claim fee of $400 for review of each claim in excess of 15 during
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`the post-institution trial. The entire post-institution fee would be returned to the
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`petitioner if the Office does not institute a review.”).
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`Dated: 4/30/2018
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`Respectfully submitted,
`Sony Corporation et al.
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`/Randy J. Pritzker/
`By
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`Michael N. Rader, Reg. No. 52,146
`Randy J. Pritzker, Reg. No. 35,986
`Andrew J. Tibbetts, Reg. No. 65,139
`WOLF GREENFIELD & SACKS, P.C.
`600 Atlantic Ave.
`Boston, MA 02210-2206
`Tel: 617-646-8000/Fax: 617-646-8646
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`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6 (e)(4)
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`I certify that on April 30, 2018, I will cause a copy of the foregoing
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`document, including any exhibits or appendices referred to therein, to be served via
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`electronic mail, as previously consented to by Patent Owner, upon the following:
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`Jonathan D. Baker
`Russell Swerdon
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`JBaker@farneydaniels.com
`russ_swerdon@creativelabs.com
`CreativeZen@farneydaniels.com
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`Date: April 30, 2018
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`/MacAulay S. Rush/
`MacAulay S. Rush
`Patent Paralegal
`WOLF GREENFIELD & SACKS, P.C.
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